This month, we feature another yet another patent that takes an ordinary business practice and does it on a computer. Our winner is US Patent No. 8,738,435, titled “Method and apparatus for presenting personalized content relating to offered products and services.” As you might guess from its title, the patent claims the idea of sending a personalized marketing message using a computer.

Today EFF filed our response brief in the appeal of our successful challenge to Personal Audio’s podcasting patent. Back in April 2015, the Patent Trial and Appeal Board (PTAB) ruled in our favor and invalidated all of the patent claims we challenged. Personal Audio appealed this decision to the Federal Circuit.

The First Amendment guarantees that even patent owners are subject to the slings and arrows of public criticism. Today EFF has submitted a motion and amicus brief asking the court to reject a patent owner’s attempt to silence criticism of its lawsuit.

The story begins last October when a company called Global Archery Products filed a lawsuit against Jordan Gwyther. Global Archery accused Gwyther of infringing its trademark on ‘Archery Tag’ and of infringing twopatents on foam-tipped arrows. Gwyther sells arrows to the live action role playing (LARP) community.

A “notice” slapped on the outside of a package saying “single use only” continues to ensure a manufacturer selling you the product can sue for patent infringement should someone dare reuse its goods. This is what the Court of Appeals for the Federal Circuit held on Friday, reaffirming its previous case law, despite intervening Supreme Court law and compelling arguments against its earlier case law.

The issue is one of “patent exhaustion.” This is the patent law version of “first sale,” the doctrine in copyright law that says that once a consumer buys a copy of a work, she owns it, and can do what she wants with that copy. Patent law is similar. Once a patent owner sells a product, it cannot later claim its use is infringing.